For more than 500 years, Indigenous laws have been disregarded. Many appeals for their recognition under international law have been made, but have thus far failed – mainly because international law was itself shaped by colonialism. How, this volume asks, might international law be reconstructed, so that it is liberated from its colonial origins? With contributions from critical legal theory, international law, politics, philosophy and Indigenous history, this volume pursues a cross-disciplinary analysis of the international legal exclusion of Indigenous Peoples, and of its relationship to global injustice. Beyond the issue of Indigenous Peoples’ rights, however, this analysis is set within the broader context of sustainability; arguing that Indigenous laws, philosophy and knowledge are not only legally valid, but offer an essential approach to questions of ecological justice and the co-existence of all life on earth.

In this thoroughly revised and updated edition of the first book-length treatment of the subject, S. James Anaya incorporates references to all the latest treaties and recent developments in the international law of indigenous peoples. Anaya demonstrates that, while historical trends in international law largely facilitated colonization of indigenous peoples and their lands, modern international law's human rights program has been modestly responsive to indigenous peoples' aspirations to survive as distinct communities in control of their own destinies. This book provides a theoretically grounded and practically oriented synthesis of the historical, contemporary and emerging international law related to indigenous peoples. It will be of great interest to scholars and lawyers in international law and human rights, as well as to those interested in the dynamics of indigenous and ethnic identity.

While many have explored the law surrounding the rights of indigenous peoples through an examination of all relevant instruments and institutions, this book is based on the premise that one can obtain an in depth knowledge of the indigenous rights regime by simply knowing the answer to two questions: What is meant by 'peoples' and 'equality' under international law? From Terra Nullius to International Legal Subjects and Possessors of Land - Indigenous Peoples' Status in the International Legal System offers a new and profound insight into the international indigenous rights discourse. This volume articulates that the understanding of 'peoples' is paramount to the question of whether indigenous peoples are beneficiaries of the right to self-determination, and, if so, what should be the content and scope of this right. The book additionally explores the contemporary meaning of 'equality', arguing that the understanding of equality fundamentally impacts what rights indigenous peoples possess over territories and natural resources. This book outlines the rights of greatest relevance to indigenous peoples, communities, and individuals, and explains the justification for indigenous rights.

For more than 500 years, Indigenous laws have been disregarded. Many appeals for their recognition under international law have been made, but have thus far failed – mainly because international law was itself shaped by colonialism. How, this volume asks, might international law be reconstructed, so that it is liberated from its colonial origins? With contributions from critical legal theory, international law, politics, philosophy and Indigenous history, this volume pursues a cross-disciplinary analysis of the international legal exclusion of Indigenous Peoples, and of its relationship to global injustice. Beyond the issue of Indigenous Peoples’ rights, however, this analysis is set within the broader context of sustainability; arguing that Indigenous laws, philosophy and knowledge are not only legally valid, but offer an essential approach to questions of ecological justice and the co-existence of all life on earth.

This book addresses the right of indigenous peoples to live, own and use their traditional territories, and analyses how international law addresses this. Through its meticulous examination of the interaction between international law and indigenous peoples’ land rights, the work explores several burning issues such as collective rights, self-determination, property rights, cultural rights and restitution of land. It delves into the notion of past violations and the role of international law in providing for remedies, reparation and restitution. It also argues that there is a new phase in the relationship between States, indigenous peoples and private actors, such as corporations, in the making of territorial agreements. The first edition of this ground-breaking book was published in 2006, at the time the negotiations for the adoption of the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) were still underway. The adoption of the Declaration in 2007 marks an important moment not only in terms of law-making, but also represents the achievement of long decades of lobbying and advocacy from indigenous peoples’ representatives. This fully revised new edition reflects on the 10 years which have followed the adoption of the UNDRIP and examines its impact regarding indigenous peoples’ land rights. Its aim is not only to assess the importance of the UNDRIP in terms of international standards, but also to reflect on the ‘maturing’ of international law in relation to indigenous peoples’ land rights. Over the last 10 years these have reached a new level of visibility and a voluminous new jurisprudence and doctrine have been developed. Praise for the first edition: "Gilbert’s passion for his subject is palpable and illuminates every page, as do his zeal to expose international law’s complicity in indigenous peoples’ loss of their territories and tentative hope that international law might now provide some protection of indigenous peoples’ lands. The choice of topic is also to be applauded. There are few texts that examine indigenous peoples’ land rights in such depth.” Claire Charters, Associate Professor, University of Auckland, New Zealand (in International and Comparative Law Quarterly (ICLQ) "Gilbert’s gaze is firmly fixed on the future and the question how international law will reflect lex ferenda on indigenous land rights. His interpretation of international law must be seen in this light. He is looking beyond the current controversies in the rights discourse towards a more conciliatory phase in state-indigenous relations. International law undoubtedly has an important role to play in his vision, but its primary function is to facilitate dialogue rather than as a combative and adversarial mechanism. (..) Gilbert’s book is a tour de force on indigenous territoriality.” Stephen Allen, Senior Lecturer in Law, Queen Mary University London, United Kingdom (in International Journal on Minority and Group Rights

Exploring the history of contemporary legal thought on the rights and status of the West's colonized indigenous tribal peoples, Williams here traces the development of the themes that justified and impelled Spanish, English, and American conquests of the New World.

This book explores the impacts of global economic, political and cultural shifts on various international legal frameworks and legal norms. The economic growth of states throughout Asia, South and Central America and Africa is having a profound effect on the dynamics of international relations, with a resulting impact on the operation and development of international law. This book examines the influence of emerging economies on international legal rules, institutions and processes. It describes recent and predicted changes in economic, political and cultural powers, flowing from the growth of emerging economies such as China, India, Brazil, South Africa and Russia, and analyses the influence of these changes on various legal frameworks and norms. Expert contributors drawn from a variety of fields, including international law, politics, environmental law, human rights, economics and finance, provide a broad analysis of the nature of the shifting global dynamic in its historical and contemporary contexts, and a range of perspectives on the impact of these changes as they relate to specific regimes and issues, including climate change regulation, collective security, indigenous rights, the rights of women and girls, environmental protection and foreign aid and development. The book provides a fresh and comprehensive analysis of an issue with extensive implications for international law and politics. Shifting Global Powers and International Law will be of interest to students and scholars of international relations; international law; international political economy, human rights; and development.

This book brings together three distinct areas of International Law – namely Environmental, Heritage and Ocean Law – to address the international legal protection of historically significant wrecks, with particular focus on the environmental hazards they may pose. The confluence of Heritage Law and the Law of the Sea with International Environmental Law represents an important development in international governance strategies for the twenty-first century, in particular those legal and administrative regimes that concern the world’s oceans and underwater cultural heritage protection. Importantly, connections between international legal regimes, such as the 1982 Law of the Sea, and institutions like the International Maritime Organisation (IMO) and United Nations Education Scientific Cultural Organisation (UNESCO), can play a crucial part in governance strategies that involve the regulation of marine pollution and historic shipwrecks.

The Research Handbook on Environment and Investment Law examines one of the most dynamic areas of international law: the interaction between international investment law and environmental law and policy. The Research Handbook takes a thematic approach, analysing key issues in the environment–investment nexus, such as freshwater resources, climate, biodiversity, biotechnology and sustainable development. It also includes sections which explore regional experiences and address practice and procedure, and offers innovative approaches and critical perspectives, including the interface between foreign investment and the environment with human rights, gender, indigenous peoples, and economics.

The system of public international law has reached a major turning point in its history and is confronting serious challenges generated by a variety of developments unfolding in the structure of the international society. This Dictionary acquaints legal and other professionals, students, and interested general readers with the basic tenets of public international law, combining the features of both a brief encyclopedic dictionary and a textbook in clear, understandable language. A list of acronyms and abbreviations; a glossary of Latin phrases; a chronology that offers a historical perspective by listing major developments relating to international law throughout the centuries; a table of cases with references to entries; and a list of the 373 entries precede the main text. The survey of international law is organized into nine chapters. Chapter I contains the usual introductory topics found in international law textbooks: the nature of this law, its sources, the relationship between international and national ("municipal") law, and some other general problems. Chapters II-VIII deal with matters coming within the scope of the "law of peace," organized according to the framework consisting of: states, individuals, spatial context, and interaction. Chapter IX, whose subject unfortunately becomes ever more relevant, describes the rules governing the conduct of warfare, that is, international humanitarian law. Numerous cross-references in bold lead the reader to appropriate entries, and the abundant references to primary sources, mostly treaties and court cases, enable the reader to locate the materials needed for research. The selective bibliography includes books, research aids, textbooks, and casebooks, as well as recent books on special international law topics. This Dictionary is a useful addition to both public and academic libraries, including, in particular, libraries of law schools. The format of the book allows it to be used as a reference guide for legal professionals, scholars inter